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Civil Aviation Act 2012

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This is the original version (as it was originally enacted).

27Determination of appeal
This section has no associated Explanatory Notes

(1)Where it does not allow an appeal under section 24 or 25, the Competition Commission must confirm the decision appealed against.

(2)Where it allows an appeal under section 24 or 25, the Competition Commission must do one or more of the following—

(a)quash the decision appealed against;

(b)remit the matter that is the subject of the decision appealed against to the CAA for reconsideration and decision in accordance with this Chapter and any directions given by the Commission;

(c)substitute its own decision for that of the CAA.

(3)Where it allows only part of an appeal under section 24 or 25—

(a)subsection (2) applies in relation to the part of the decision appealed against in respect of which the appeal is allowed, and

(b)subsection (1) applies in relation to the rest of that decision.

(4)Where the Competition Commission substitutes its own decision for that of the CAA, the Commission may give directions to—

(a)the CAA, and

(b)the holder of the licence.

(5)The Competition Commission must not give a direction under this section that requires a person to do anything that the person would not have power to do apart from the direction.

(6)A person to whom a direction is given under this section must comply with it.

(7)A direction given under this section to a person other than the CAA is enforceable—

(a)in England and Wales and Northern Ireland, as if it were an order of the High Court, and

(b)in Scotland, as if it were an order of the Court of Session.

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